Urgent..Need Help! in NJ (save the company......)

2626987

Formerly, Early Retirement question. Our company is going
through some financial struggle ever since the Sept. 11
incident. We have cut down hours, have conducted 2 layoffs,
and have offered Voluntary Time Off here in our Indiana plant.
We now need to implement an early retirement package in the
hopes that it will be attractive enough to our "long time"
employees (over 60) in order to avoid layoffs there in NJ as
we did in Indiana. How do we go about conducting an early
retirement incentive without offending or out right letting
them go with NO incentive? Do you know if New Jersey is an
at will state? If so, could we layoff the majority of our
older employees? I realize that we may be getting ourselves
into an age discrimination danger zone. Please Help!!!!

hrqueen

I would advise you to talk to a labor law attorney specializing in ERISA and/or ADEA. These are not the type of issues to address without competent, informed advice. And I'm sure you don't want to create any more problems than you already have. We are one of several manufacturing sites in the U.S. owned by a larger company located in the south. We've also gone through several layoffs, early retirement offerings, etc. Good luck to you.

Mike Maslanka

Check with Theresa Kelly.She is a very good employment lawyer in New Jersey,and can be reached at 973-966-8168,or [email]tkelly@phks.com[/email].I know there is often resistance to using a lawyer,but the old saying about "penny wide,pound foolish" is very applicable.Good Luck from the Lone Star State,Mike Maslanka

njjel

Yes, NJ is an "at will" employment state. However, I concur with those above - seek counsel.